CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2011/000868/15369
Complaint No. CIC/SG/C/2011/000868
Complainant : Mr. Sumit K Bose
Manger (Tea)
Allahabad Bank, Palace Road
Mattencherry, Kochi-682002
Respondent : Central Public Information Officer
Assistant General Manager (Law)
Allahabad Bank, 2, Netaji Subhash Road
Kolkata-700001
Facts
arising from the Complaint:
Mr. Sumit K Bose filed a RTI application with the Respondent PIO on
29/03/2011 asking for certain information. However on not having received the complete
information within the mandated time, the Complainant filed a complaint under Section
18 of the RTI Act with the Commission. On this basis, the Commission issued a notice to
the Respondent PIO on 06/08/2011 with a direction to provide the information to the
Complainant and further sought an explanation for not furnishing the information within
the mandated time.
The Commission has received a letter dated 29/08/2011 from the Respondent
wherein it has been stated that the RTI Application was received in their office on
01/04/2011. Further stating that information has been provided to the Complainant vide
letter dated 28/04/2011, copy of which was enclosed. On perusal of the information it has
been observed that the response to the RTI Application is completely inappropriate. No
query of the RTI Application has been addressed The Respondent PIO has stated that the
information pertains to the Personnel and Administrative Department, further stating that
the said department has advised that since the Complainant is himself a serving
officer/employee of the Bank, he may refer to a certain head office circular available in
hard copies in all branches or download from the official website. It appears that the PIO
has acted against the provisions of the RTI Act by asking the Complainant to refer to
other sources for procuring the sought information should have instead provided the
complete point-wise information. The Respondent has not enclosed any proof of dispatch
of the said letter dated 28/04/2011. Further, the Commission received a letter dated
23/09/2011 from the Complainant alleging his dissatisfaction with the above-said
response of the Respondent.
Decision:
The Complaint is allowed.
In view of the aforesaid, the Commission hereby directs the Respondent to
provide the correct and complete point-wise information with regard to the RTI
Application dated 29/03/2011 to the Complainant before 23/11/2011 with a copy to the
Commission. Further, the Respondent is directed to send proof of dispatch of having sent
the response dated 28/04/2011 to the Complainant to the Commission before 28/11/2011.
Furthermore, from the facts before the Commission it appears that the Respondent has
failed to provide the complete and correct information to the Complainant and has failed
to comply with the provisions of the RTI Act raising a reasonable doubt that the denial of
information may be malafide.
The PIO is hereby directed to send his written submissions to the Commission
before 28/11/2011 to show cause as to why penalty should not be imposed and
disciplinary action be not recommended against him under Section 20 (1) and (2) of the
RTI Act for not providing the correct and complete information to the Complainant
within the stipulated time period of 30 days.
Notice of this decision be given free of cost to the parties.
Any information in compliance with this order will be provided free of cost as per section 7(6) of RTI, Act, 2005.
Shailesh Gandhi
Information Commissioner
28 October 2011
(In any correspondence on this decision, mention the complete decision number.)(SP)